(A) Exemption from this chapter.
(1) The Board of Adjustment may approve an exemption from any of the requirements of this chapter, to the extent necessary to comply with or conform to federal or state law, or to avoid or resolve any alleged violation of the freedom of religion-based rights afforded to any person under federal or state law caused by the enforcement of any regulation imposed by this chapter.
(2) Any person desiring such an exemption shall file a written petition with the Code Enforcement Officer, who shall forward the petition to the Board of Adjustment for purposes of conducting a public hearing on the petition and issuing a final determination. The petition shall include separate statements that:
(a) Advise to which particular regulation of the city the requested exemption relates;
(b) Explain how the regulation is not in conformance with federal or state law, or how it allegedly violates the person’s freedom of religion-based rights afforded under federal or state law, the Telecommunications Act of 1996, the Fair Housing Act or other rights;
(c) Describe how granting the exemption would be in the public interest and not be contrary to health, safety and welfare considerations; and
(d) Describe the intended use of land or activity for which the exemption is being sought.
(3) The petitioner shall submit any additional information requested by the Board of Adjustment and shall appear before the Board of Adjustment at the public hearing to explain the request and to answer any questions relative to the petition.
(4) In considering an exemption from the requirements of this chapter, the Board of Adjustment may approve the exemption; provided that, it makes findings, based on the evidence presented, regarding at least one of the following criteria:
(a) The exemption is in the public interest and is not contrary to health, safety and welfare considerations;
(b) The exemption is necessary for the petitioner or the city to comply with or conform to federal or state law;
(c) If the claim is based on First Amendment rights of the U.S. Constitution or freedom of religion that the city regulation does not constitute or further a compelling governmental interest in need of protection and is not the least restrictive alternative for satisfying or achieving the governmental interest;
(d) The exemption is necessary to avoid or resolve any alleged violation of rights afforded to any person under federal or state law caused by the enforcement of any regulation of the UDC; and
(e) The city regulation does not constitute or further a compelling governmental interest in need of protection and is not the least restrictive alternative for satisfying or achieving the governmental interest.
(5) The Board of Adjustment shall either grant or deny the exemption within 30 days of the conclusion of the public hearing at which it considered the exemption. The Board of Adjustment may request additional information from the petitioner, may continue the hearing from time to time in order to fully consider the petition and all pertinent information and may grant the exemption in full or in part by waiving compliance with certain aspects of this chapter. The Board of Adjustment may grant the exemption in full or in part, subject to conditions that are related to the public health, safety and welfare. If the Board of Adjustment grants the exemption in full or in part, it shall prepare a written order that approves the exemption. If appropriate, the order may contain conditions relating to the exemption. If the Board of Adjustment denies the exemption, it shall issue a written decision that identifies the reasons for the denial and shall provide a copy of the decision to the petitioner.
(B) Temporary certificate of compliance. The petitioner may file a written request with the Board of Adjustment for a temporary certificate of compliance to allow the use or activity during the pendency of the exemption petition process pursuant to this chapter.
(C) City policy or practice.
(1) In regard to an exemption from any city policy or practice, the same procedures and criteria under subsection (A) above shall apply; except that, there shall be no public hearing before the Board of Adjustment. The Code Enforcement Officer shall forward the petition to the Board of Adjustment who shall consider the exemption petition at an open public meeting, which shall be attended by the petitioner. The public meeting shall be scheduled within 30 days of receipt of the petition and the Board of Adjustment may request additional information from the petitioner.
(2) The Board of Adjustment shall grant or deny the exemption within 30 days of the conclusion of the last public meeting at which it considers the information relative to the exemption. The Board of Adjustment may grant the exemption in full or in part, subject to conditions that are related to the public health, safety and welfare. If the Board of Adjustment grants the exemption in full or in part, it shall prepare a written order that approves the exemption. If appropriate, the order may contain conditions relating to the exemption. If the Board of Adjustment denies the exemption, it shall issue a written decision that identifies the reasons for the denial and shall provide a copy of the decision to the petitioner.
(Ord. 3020, passed 9-10-2013, § 4.52.5)